morell telling us there's reason to be weary about this dangerous world. >> mika what's on your checklist? >> what's on your checklist. >> i checked off everything you did on the show. you were good today. >> really? >> yes. you didn't mention know your value in washington and there are still tickets available. you have failed sir. >> joe, what time is it? >> it's time to buy mika's book "grow your value" and we'll see you at the washington conference on friday. but it's "morning joe," stick around, the "rundown" is next. good morning, we begin the rundown with breaking news out of nepal. another massive earthquake has hit. just as the area is recovering from last month's quake. the death toll from today, 7.3 quake, up to at least 42 as we come on the air at this hour.

it's a tragic number. it's expected to rise as we look at a landslide, just 30 miles north of katmandu where the previous 7.8 quake hit. this last quake sent children running into the streets in katmandu. >> the owner just told us to rush out, so it was pretty scary. >> i've never felt anything like this. you had the waves but you couldn't see them. you could see everything moving around you birds flying everywhere. a lot of scared people. >> joining me now from london is katy tur. what can you tell us? >> reporter: good morning, jose. what we know right now is there are building collapses, landslides and at least 42 people confirmed dead so far. that number is expected to rise. this earthquake was a 7.3 centered on namche close to mt. everest and 51 miles from katmandu, which you know was

devastated in the 7.8 quake that killed more than 8,000 pell. this one not as big but still powerful, felt as far away as new delhi where buildings swayed for more than a minute. the usgs says today's 7.3 quake lasted more than a minute the shaking captured on camera during a government meeting and in katmandu rattling already damaged buildings and sending up clouds of dust. >> this one just seemed like it would never stop. and eventually i ran down the stairs tried to get outside of the house as fast as i can. >> people rushing out into the streets. the already shell shocked region in a state of panic. >> it was pretty scary. i was asleep and i jumped up and thought i was having a nightmare. and the room was really shaking. i was on the sixth floor. >> reporter: within an hour four major aftershocks including one measuring 6.3. an aide worker said the tremors

were big enough to scare the living daylights out of everybody. so far there are reports of landslides, buildings down and once again, bodies. in katmandu patients were dragged out of a hospital on their mattresses for fear the building would collapse around them. unlike the april quake which hit at lunch time on a saturday, this one happened during the week when people were in schools and at offices. and today's was even closer to every everest base camp where last time an avalanche killed 18 climbers. if there's any silver lining it's this earthquake was smaller and deeper than the april one. the shallow earthquakes are usually the ones that cause more damage. it was also centered on a relatively unpopulated term. still, it's beenly been a few hours. the death toll could raise quite

sharply. >> patrick adams, he's a writer and photographer. tell me what you're seeing on the ground now. >> i was there for the last quake. people rushed into the street. there was nervous excitement and then people crying as well. >> yes, it really scared people. it scared me for sure. >> i can imagine. tell me how it compares with the last one. >> you you know it felt to me just as strong. i know it was a weaker quake but the hotel was shaking. it felt like waves, actually. it was a bit of a different feeling. wow. having been through so many aftershocks that weren't really that powerful and this one was significantly more than that.

>> how long did it last? >> i guess about -- i don't know maybe less than that but there were -- it sort of i guess, petered out but maybe about 30 40 seconds. there was another aftershock a large one about 30 minutes after that. >> patrick, what about the emergency response? >> you know on the ground -- i'm just getting an idea of that right now. i follow the group of nepal army and police to the site. one of the bigger sites in the city anyway. there was a huge response. there were mexican and southeast american team with usa i.d. rescue workers looking for two, possibly three children trapped in a house in part of the city. an immediate response. >> that's good to hear. patrick adams, thank you so much for being with me. we'll bring you the latest updates as we get them right

here on "the roundown." tom brady is planning his appeal after the nfl suspended the star quarterback for his alleged role in what's become known as deflategate. he'll sit the first four games of the season out. and his team the patriots also hit with a hefty fine and docked two picks in the nfl draft. nbc news national correspondent peter alexander has been on the story since the very start. he has the very latest. >> reporter: first, the pubbishment, now the push back. late monday tom brady's agent teed off on nfl over that four-game suspension saying the discipline is ridiculous and has no legitimate basis. patriots owner robert kraft offered unconditional support for his marquee quarterback and insisted the punishment far exceeded any reasonable expectation. brady's teammates weighed in as well legarrette blount tweeting this is ridiculous as loyal fans across boston express their support, too. >> it's surprising.

>> four games is sesexcessive. >> it's a quarter of the season. >> well done nfl. another football fan superimposed an asterisk on back of the reigning super bowl mvp's jersey. >> is tom brady a cheater? >> i don't believe so. i feel like i've always played within the rules. i would never do anything to break the rules. >> reporter: on monday, the league cited substantial and credible evidence from a report that said he was generally aware that two attendant ss were deflating footballs. >> the patriots will lose their first round draft pick in 2016 and fourth round pick in 2017 as well as facing a $1 million fine.

the biggest team fine in nfl history. as for those locker room attendants including the self-proclaimed deflator both have been suspended indefinitely without pay. >> that was peter alexander reporting this is something a lot of people are talking about. we're measuring your reaction using bing pulse. what do you think? go to pulse.msnbc.com and francis rivera will join me next hour to break down your response. go on and let us know how you feel. now to a developing story in florida. investigators are working to determine whether charges will be filed after a shooting incident involving george zimmerman. he was acquitted of manslaughter charges two years ago in the death of trayvon martin was injured yesterday following a mysterious dispute with another man. we have the latest from lake mary, florida. >> reporter: george zimmerman is no stranger to run-ins with other people. on monday it happened once

again. >> he reported that he had just been involved in a shooting. >> reporter: zimmerman told police he was driving near orlando when someone shot him through a passenger's side window, just missing his head. he was taken to the hospital with minor injuries and released. at the same time, police received a 911 call from a man saying he had been involved in a shooting with zimmerman. police confirmed that man was matthew epperson the same man involved in a road rage incident with the zimmerman last september. monday, he wasn't answering questions. >> you touch me, stop touching me. >> this is your opportunity to tell your side of the story. >> this is your opportunity to get out of my face right now. no comment. >> we the jury find george zimmerman not guilty. >> reporter: since being acquitted of second degree murder and manslaughter in the death of trayvon martin zimmerman had a series of encounters. a confrontation with his ex-wife. >> i don't know what he's capable of. >> reporter: no charges were filed. another with his girlfr >> i need police right now. >> reporter: >> chas were

dropped. and traffic stops that made headlines. >> what a coincidence. >> reporter: but no charges. his only violation of the law, a single speeding ticket. in this latest incident police say zimmerman didn't fire any shots. his attorney says epperson was the instigator. >> george decided to get away drive away and it want enough for this guy. >> reporter: epperson appeared before cameras with his wife and mother. >> he acted in self-defense. >> reporter: police say they haven't determined how or why the altercation started. no charges have been filed against either man and the investigation continues. >> that was nbc reporting for more on this developing story, let's go live to lake mary florida and msnbc's ronan farrah. what's the latest. >> good to see you. >> likewise. >> what they're telling us is the next beat in this story is about to happen.

chiefly the call that matt epperson, the aggressor so far urge a bystander to make a 911 call on his behalf. the next beat after that what charges will be filed? of course a lot of questions outstanding about that. as you heard don west the attorney for zimmerman has said that his client never revealed a weapon. he said that this individual matthew apperson the same individual involved in some kind of a confrontation with him back in september, pursued his client. dom west says this individual was flashing his lights, giving him chase. that mr. zimmerman made a u-turn to get away and appers 0. n made another u-turn to follow him. dom west has thrown around a lot of speculation about what charges might be made. he says potentially at least second degree murder. we don't know the answer to that and for the lawyer for apperson on other side of this he said

his client was perceiving a threat and defending himself. we'll see how it shakes out. >> ronan farrow thank you for being with me this morning. live from new york city still ahead, incredible new pictures showing complete destruction in van, texas from an ef-3 tornado that left three people dead. in texas, the threat of flooding tens. we'll take you there live. and a picture of washington where we expect to see new york mayor bill de blasio along with elizabeth warren. warren has been a bit at odds with the president. we'll tell you why. right now in sochi, russia a critical meeting under way between john kerry and vladimir putin. it's no secret things have not been pretty good between the u.s. and russia. will there be any breakthroughs in the future? more ahead this hour on "the rundown."

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turning overwhere there's a lot of developing news today. as we speak, secretary of state john kerry is scheduled to meet with russian president putin in sochi. their first meeting in more than two years. meanwhile, cease-fire set to take hold in yemen at 4:00 p.m. eastern time. that may be complicated by saudi air strikes that reportedly have killed 90 people and wounded at least 300 this morning alone. we have both stories covered. gentlemen, good morning. ayman, let me start with you. the cease-fire is only for five days. >> it's men the to be a humanitarian window. a disaster by a lot of

international aid organizations measures. they're not calling this a humanitarian cease-fire but is aimed at trying to get in. if neither side breaks it or carries out any strikes, hopefully it can become a conduit for further talks. >> unfortunately as we see when the cease-fires take effect in different parts of the world, until that cease-fire takes effect, the bombing continues almost to the very last second. we're talking about death. we're talking about a lot of people injured. but also really the -- it's affecting so many people. >> yes, the u.n. says about 300,000 yemenis have been displaced. the death toll continues to rise. the saudis have once announced at the end of the operation but they continued with air strikes even changed the name of the operation. yes, you're absolutely -- >> they have tens of thousands of ground troops right on the border. >> i was just about to say that. >> sorry. >> it's all right. they have a strike force in position. by any measure, this conflict

will still go on even though there are, you know, these promises to abide by the five-day cease-fire. >> good to see you. appreciate it. i want to turn to bradley clapper, he covers the state department for the ap. good to see you. set the stage for us. things have been so difficult between the united states and russia for so long what can specifically occur in sochi that can have any real impact? >> well i would expect little to nothing to occur in sochi. this is basically a test for the united states of how putin plays this. the united states wants to cooperate with russia on things where they can cooperate, be that yemen as you just mentioned or iran nuclear talks or the syrian civil war. but i don't think they expect anything immediate. they kind of want to see how he plays this in the domestic press, how he plays this to his advantage or not. so i think, you know this is really a feeling out after a lot of months of areally bad relations, a lot of problems and

i think we have to set the expectations really low. >> let's talk about syria specifically. really the russians are very strongly behind the dictatorship there. so is iran. is there anything that can change that position because it is in russia's i guess, interest, so that the dictatorship in syria stays. >> well, i don't think anything has changed fundamentally in that dynamic as you said. russia still supports assad. the united states would like to see him go. there have been cracks in the regime in the government's operations. there's been increased infighting. there's been battlefield losses. so i think the united states would like to talk to them and see, look if this gets worse will you work with us on maybe having some sort of order transition? because i don't think either side wants all-out chaos. who will fill the void? those will be the fighters on the ground. that could be the islamic state, al qaeda groups and both sides

have some sort of interest in preventing that. >> mike clapper, good to see you. thanks for being with me. >> thank you. with me now, congressman adam shipp. pleasure to see you. >> thank you. good to see you. >> what are your hopes for this meeting between putin and our secretary of state? >> i'm setting my expectations pretty low. i think there will come a point as the assad regime weakens where russia will decide assad is not capable of keeping this country together and ruling it indefinitely. there there will have to be a post-assad transition. hopefully we can find some way of working with russia to identify what that transition government will be with be how to avoid the state just collapsing and providing new ground for isis and al qaeda. >> is it too late for that, though? congressman, the situation there is so dire and there are 1,500 opposition groups in syria alone that we know of. >> i don't think it's too late in the sense that up till now it

really hasn't been ripe for discussion. we've had these geneva one talks and geneva two talks that never went anywhere. essentially at that time the russians believe they could still prop up and save assad. they could come up with the conclusion that assad will ultimately be a lost cause. they have an interest in finding some inkind of orderly substitute friendly government in damascus that won't be a terrorist oriented regime. i think up until now, frankly, it hasn't been sufficiently ripe. maybe what kerry is trying to determine is is it ripe now to have these conversations. >> i need to ask you about the impending fight over the patriot act. we know some leaders want a clean renewal, including misch mcconnell. >> what we're looking for is a major reform like the usa freedom act which i support, the administration has now in the last 24 hours endorsed. or it's going to be an expiration of these provisions. i think while mitch mcconnell

may have laid that down as his opening bid, it's a nonstarter. i think we're going to see ultimately something like u.s. patriot -- u.s. freedom act rather become the law of the land. >> if it does expire what is the law of the land on that? >> it means that the authorities that that secretaries 215 provides for, which go beyond telephone metadata will expire along with it and some important programs will go away or important capabilities. that's not in the national interest. i think wiser heads are going to prevail ultimately and we'll have substantial reform which is the u.s. a freedom act represents, and i think that will be a positive step forward in terms of maintaining capabilities but also maintaining privacy. >> congressman adam schiff always a pleasure. >> thank you. more on secretary kerry's meeting with putin in the next hour. and more information about the report on the raid that killed bin laden.

former nfl star aaron hernandez, more legal trouble? and california police have a second suspect in custody after a shooting near the uc santa barbara campus. the details, straight ahead on "the rundown." so was the 100% electric e-golf. and the 45 highway mpg tdi clean diesel. and last but not least the high performance gti. looks like we're gonna need a bigger podium. the volkswagen golf family. motor trend's 2015 "cars" of the year. when broker chris hill stays at laquinta and fires up free wi-fi, with a network that's now up to 5 times faster than before you know what he can do? let's see if he's ready. he can swim with the sharks! book your next stay at lq.com! the citi double cash card. it earns you cash back now and cash back later.

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no regular blood monitoring, and no known dietary restrictions. treatment with xarelto® was the right move for us. ask your doctor about xarelto®. you may be able to get up to 12 months at no cost. developing this morning in southern california the second and final suspect has turned himself in in connection with a shooting near the campus of uc santa barbara. the first suspect injured in the shooting and taken into custody on monday night. police temporarily put the campus and surrounding neighborhood on lockdown. two osh people were hurt in this whole incident. the shooting comes nearly a year after elliott roger went on a rampage in the same area killing six people before shooting himself. the windy city chicago, take a look at this. today we're learning that barack obama presidential center will be built on the city's south side in collaboration with the university of chicago.

foundation says it will still maintain a presence at the other two finalist locations. columbia university in new york and also in honolulu. a formal announcement is expected this afternoon. still ahead, we turn to 2016 politics. jeb bush is distance is himself from his fellow candidates on the critical issue of immigration, just as the rnc starts its spring meeting. we'll break this down for you. plus more trouble for the lone star state one day after an ef-3 tornado devastated the town of van. today the threat is flash flooding. we'll take you there live, next.

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sunday dinners at my house... it's a full day for me, and i love it. but when i started having back pain my sister had to come help. i don't like asking for help. i took tylenol but i had to take six pills to get through the day. so my daughter brought over some aleve. it's just two pills, all day! and now, i'm back! aleve. two pills. all day strong, all day long. and for a good night's rest, try aleve pm for a better am. this morning republican jeb bush is under friendly fire from fellow conservatives. the perspective 2016 candidate is distancing himself from many of his potential primary rivals on a variety of issues. in an interview with fox news bush is now taking a stance on immigration that's not very popular with many in the gop base.

>> the option of self-deportation or making things so harsh is not really i don't think that's practical. and rounding people up door to door isn't practical either. we need to enforce the laws of our country for sure enforce the border. a practical solution of getting to fixing the legal system is also allowing for a path to legalized status. not necessarily citizenship. >> joining me now benji sarlan in washington. he's throwing himself behind the bill on immigration reform. is he taking the party in a direction it's not quite ready to go as far as the primaries are concerned? >> that bill did not become law. it's interesting to some degree he's further left even to one of that bill's co-sponsors, marco rubio that more or less disowned it. he says now he'd do things piece by piece starting with the

border. jeb bush has shown him solve toself to embrace that bill particularly on legal immigration where he tries to turn the conversation often to his plans to expand legal immigration and make it more focused on economic needs rather than family immigration. >> you know it's interesting because the whole issue of immigration, at least in political terms, also has to include the president of the united states' actions and that is controversial for the republican. it's a fait accompli for many people in this country. >> exactly. jeb bush is pinch on both sides by this. republicans see these executive orders not just in terms of policy but view them as around executive overreach. you hear talk about how they're unconstitutional. jeb bush has to appease those people. at the same time he's getting punch pinched from the left side from someone like hillary clinton who has embrace these policies and talked about taking

them further. he will be calling for more deportations faster. >> he's already under fire from republicans and democrats say forring he would authorize the are war in iraq. laura ingram conservative radio host, she went after him. >> it's important to distinguish what question he was asked. it has a lot of impact. he was asked specifically knowing what we know did, would you support the war? and he answered yes but he quickly turned it from the perspective of the time the vote was taken to authorize that war. he noted correctly that hillary clinton, john kerry, bill clinton even bought the intelligence at the time and supported the idea of disarming saddam through military means. but the question was very specific, it was would you support it knowing what we know now? i think that is a very tough answer. i think people have a pretty

clear consensus on that if we could get a do-over on that war, go back in time you would tell them do in the do it. >> thank you. also developing right now. president obama will participate in a leadership summit on overcoming poverty this morning. the president expected to address recent high-profile confrontations between police and minority communities and how he believes those incidents are a result of a lack of economic opportunity. >> reporter: the recent events in baltimore raise familiar questions about policing but what, if anything, did baltimore tell us about poverty? does baltimore stop poverty represent a national failure or a failure of individuals? and what if anything can and should religious as opposed to government institutions do about it? >> j. deon of the brookings institution says it's a question president obama has grappled with throughout his career. >> it's part of who he is actually. he is a guy who did work his way

up. and yet all through that period he was basically a progressive in saying there is racism there is economic injustice. >> we both want the end of poverty. >> reporter: arthur brooks of the conservative american enter enterprise says left and right have more opportunities for agreement than either side acknowledges about the solutions to poverty. >> every american has a sentiment that it's a scandal, the richest country in the history of the world, we still have people not just in poverty but who lack opportunity, lack their ability to earn their own success. that's an affront to our dignity. >> reporter: the questions can also be turn back on religious institutions themselves and whether they failed to do enough. >> we have fallen out. we're leading the claims of the deserved poor. if you don't fix yourself up then you deserve to be poor. in that sense we have fallen

off. we have to revive and resuscitate an attention to poor people and what we as the church must do. >> reporter: in the end, the solutions to american poverty must go from pulpit to policy. >> the political debate has spilled over into people's theology. so i think the fight is not over should we care about the poor. the fight is over how much of a role does government have in lifting up the poor? >> our thanks to joy reid for that report. let me bring in kristen welker at the white house this morning. good morning. >> reporter: good morning to you, jose. i think you can expect to hear president obama at that summit at georgetown later today discuss the ways in which poverty and despair are linked. very much at the root of the racial tensions that we have seen in places like staten island ferguson and of course most recently in baltimore, i think you can also expect president obama to call on policymakers to address the economic crises that still persist in inner cities throughout the country. and i think he's going to tout

some of the initiatives that he has started under his administration that he would like to see expanded. issuatives like my brother's keeper which of course seeks to close the opportunity gaps between boys and young men of color, investing in early childhood education, investing in housing and also trying to close the school-to-prison pipeline. in a statement released by the white house, officials say, quote, when children grow up in poverty it costs our nation half a trillion dollars in lost wages and productivity each year roughly the equivalent of 4% of gdp. in 2012 49.7 million americans including 13.4 million children lived below the poverty line. a little glimpse of what i think we can expect to hear from president obama. worth noting jose when the president first took office he was focused on the middle class, trying to build ladders of opportunity to the middle class. recently in the wake of all of these protests and incidents we have seen him shift his focus

toward inner cities and communities of color. >> kristen welker at the white house. thank you. next hour we'll go live to georgetown, ahead of the president's speech. stay tuned for that. developing right now, another weather alert in texas. nearly the entire state under a flash flood watch. it comes a day after the governor declare the a state of disaster in seven counties pummeled by tornadoes and flash flooding in the past week. the extreme weather claimed five lives in texas, that includes 2 in van, a town 40 miles east of dallas and 40 more injured. nearly 120 homes destroyed or badly damaged. and west of dallas -- >> ride up a little buddy. keep hollering at them. >> real live cowboys rescued their 31 horses from their flooded pasture over the weekend. wilkes-barre receipt-- abc's kerry sanders is live with

us from texas. kerry, good morning. what a devastating scene. >> to give you an idea of how much of this community has been hit, they estimate about 100 homes and buildings have either been damaged or destroyed. that means a third of this small town of van, texas, was really hammered by this tornado. now, as you said two people died when the tornado came through here. it's been estimated as an f-3. that means the winds were about 165 miles per hour at their top end. as you look at the damage here well you can understand this was a very powerful tornado. and the vast area here that was impacted is perhaps best seen from drones. they sent some drones airborne here with cameras, not to really take a picture of the damage but really they were using these drones to take a look at the possibility of where people may still be buried maybe under some of the debris.

looking for survivors. i can tell you now, they have now found all the people who they were looking for. there were three people who as of late last night they didn't know where they were. as of this morning, they've been able to locate them. and so now it's very much a cleanup and recovery. and as everything that's taking place here in texas, we can take you to nashville, arkansas where an amazing story of parental love has unfolded. a tornado that hit there, a husband and wife were found unfortunately dead inside their trailer but in between them they were clutching their 18-month-old girl and that girl survived. jose? >> what a tragedy. kerry sanders, thank you so much. we are expecting a briefing from officials in van at the top of the hour. we'll bring you the updates as they occur. and we're looking ahead the the penalty phase of dzhokhar tsarnaev.

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developing news from mississippi, three men and one woman accused in the shooting death of two hatesburg police officers are waking up behind bars. marvin banks is accused of pulling the trigger. his brother and a woman are charged with accessories after the fact. a fourth suspect is charged with obstruction of justice. gabe gutierrez spoke to marvin's about what happened. >> he was out of his man. he wasn't the same marvin. >> reporter: because he was on drugs. >> he was on them drugs. he wasn't the same marvin. >> reporter: what would you say to the family? >> i'm sorry. but i'm hurting, too. they steal my boys. >> reporter: meanwhile, a thousand people gathered monday to remember officers benjamin dean and la corey tate. 34-year-old dean who was married

with two children will be laid to rest on thursday. funeral arrangements for the 25-year-old tate who just graduated from the police academy will be released later today. a new development this morning in another story we've been following. former nfl player aaron hernandez is facing a new charge this morning although he's already behind bars for life. the suffolk county district attorney's office charged hernandez with intimidating a witness in a 2013 incident. the d.a. accuse hernandez of shooting the witness on the side of a florida road because the unnamed victim had allegedly made a remark about the 2012 murders of two men. hernandez is charged with killing those men as well. in boston the jury could begin debilitating tomorrow on whether dzhokhar tsarnaev should live or die for the boston marathon terror attacks. closing arguments are set for tomorrow. it's going to be the defense's last chance to convince jurors tsarnaev should spend the rest of his life in prison instead of being executed by lethal injection. i want to bring in host of judge

faith, faith jenkins. good to see you. >> good morning. >> the defense rested its case yesterday. she testified that she met with tsarnaev and he was remorseful for what he did. do you think this will have an impact? >> i think it will. i've been trying to listen if to see if there's any reason any juror would want to spare tsarnaev's life. i think this testimony from prejean would present a reason. it was the first glimpse the jurors have heard inside of the mind of tsarnaev. he's not going to take the witness stan. they don't get to hear from him. i'm sure they would love to hear him express regret himself. but i think that this fun was the next best thing. i think it was a great move by the defense to put her on the witness stand as she testified how she met with him, spoke to him. and she that his feelings of regret were sincere. what she didn't say was that he

told her he was sorry. that was clearly abben is in the her testimony. >> for the jury they've seen this guy for weeks in the courtroom. every indication is that he hasn't exactly been remorseful, not even when the families of the three dead the father of the child that died were there. didn't express any kind of visual reaction to it and now in the last seconds, someone comes in and says he's remorseful? is that going to do it, you think? >> i don't think it's going to do it. i think it's going to be a factor they're going to consider. yes, you're absolutely right. the jurors have been watching his every move over the past couple of months. he's been emotionless in a case that's evoked a lot of emotion in a lot of people. you're talking about a police officer dying, a child dying. people being maimed and injured, innocent people trying to run a marathon. it's invoked a lot of emotion. of course they have noticed that. he has sat there emotionless. the defense, they're trying to

do their job, trying to get one juror to hold out and not vote for the death penal. this is the worst of the worst crime he committed against any mitigating factors. it's a very academic exercise for them. >> thanks for being with me. >> sure thank you. after a quick break, we take you to the white house for a summit. i'll talk with a blogger and a voice in that community, next. and next, we'll taking your pulse on deflategate and suspension of new england patriots quarterback tom brady. head on over to pulse.msnbc.com. francis rivera is saying a look at what you're saying. she'll share your thoughts in the next hour right here on "the rundown." and a beautiful day, the up front telemundo network, big surprises there today. i'll tell you about that also, if i have the time, next.

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the nation's capital, the first ever white house summit on asian americans and pacific islanders is under way. nearly 2,000 community leaders, federal officials, and members of the public are participating. currently there are 17.3 million asian americans in the u.s. that translates to 5.6% of the u.s. population, but by 2050 that number is expected to climb to 40 million, or about 1 in 10 in the united states. joining me now, moderator and founder of every asian man blog. thanks for being here. >> thanks for having here. >> talk about this unprecedented summit. what's going on there at the white house? >> well it's a big gathering of community leaders, activists, advocates, artists, educators, talking about issues key to the community. >> what are you hoping to get out of it? >> well i'm really just happy to be there and having a conversation about the issues that we find really important. i think that asian americans are

often left out of the conversation about race in this country, about civil rights about these really important issues, and, you know it's really important to have a voice in this conversation for the group that is the fastest growing in the united states. >> this is a key point, and i'm glad you're bringing this up phil, because some of the issues when we talk about immigration, for example, a lot of folks don't think of the asian community, but they are as affected as anybody else on this issue. tell me some of the main points you're concerned about and you think people don't talk enough about. >> well i definitely think, especially an issue like immigration, where largely we think about the latino community immediately, but right after the latino community, the asian american pacific islander community is a huge group that faces the same issues in terms of immigration, undocumented immigrants and the deferred action for childhood arrivals. it's a really important issue and we need to address that within our community. if we don't talk about that it's never going to get talked

about, so i'm appreciating an event like this able to sort of address this. >> this is the first time the white house hosts a summit specifically for asian americans. what does it mean for the community? >> well it means being part of the conversation you know. i'm really appreciative of the administration and taking the initiative to do something like this, to have this convening of stakeholders and people making the policies and really having a conversation where, you know we feel like we're part of this nation, because we are. >> yeah absolutely. and i want to talk to you a little about angry asian man. you created that back in 2001 when you were a college kid. it's growing to be one of the most popular asian american blogs out there. what's your goal with this blog? >> i just wanted a place to talk about things i was thinking about in terms of being asian american in the country, things in the media, wanted to put it on the internet. i did not expect it to have a following, but what it gave me was a voice and place to talk about things asian americans and pacific islanders are really

dealing with. and it's been a really great conversation starter, really great place to galvanize people and get people talking about the issues really important to us. >> what is it that makes you the angriest today? >> i think the things that make me angry are the things that make everybody angry, injustice, racial injustice, talking about civil rights. that's some of the stuff we're going to be talking about today. >> the founder of angry asian man blog phil yu good to see you. >> thanks for having me. one more thing this hour this painting by picasso set a new world record by art sold at auction. do you know how much? says how much. it went for $179.4 million at christie's. the buyer of picasso's painting chose to remain anonymous, but one thing that's not anonymous, he's got a lot of dough, previous record was $142.4 million. it's our inspiration for today's

five things sold. you do not want to miss some other interesting items that have been sold at auction. coming up on "the rundown," i'm going to take you back to nepal, where another earthquake rocked kathmandu, triggering landslides and destroying more of the already fragile capital. plus, in the middle of a historic drought, california is somehow producing millions of bottles of water a day. how important is every drop? we're going to get a live report from that. and tom brady's suspension do you think it's fair? we're going to talk with msnbc's francis rivera and more going to have the results of our bing pulse survey. that's coming up next right here on "the rundown". (woman) you want to eat... ...you want to eat, who wants to eat... (dog) do i want to eat? yes, i want to eat. (woman) do you want to eat? (dog) do i want to eat, yes. that's like nine times you've asked...yes. i mean it's beneful. i can actually see the meaty chunks and carrots right there...look at it. it's beautiful. mmmmmmm, thank you so much... but you know tomorrow night... ...how 'bout we just assume i do want to eat... ...you know speed things up a little.

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ideas come into this world ugly and messy. they are the natural born enemy of the way things are. yes, ideas are scary and messy and fragile. but under the proper care, they become something beautiful. officials, you see them right now, holding a storm briefing on sunday's ef-3 tornado that killed three people

and several remain unaccounted for this morning. we're going to continue monitoring this news conference and let you know how that goes. i want to go to breaking news out of nepal. the country is digging out from yet another massive earthquake registering 7.3. the quake hit the region within weeks of that 7.8 quake that killed more than 8,000 people on the 25th of april. tremors sent students at this kathmandu running for safety fearing for their lives. death toll from today's quake, at least 42. tragically expected to rise. the quake that was felt as far away as new delhi. nbc's foreign correspondent richard engel has more. >> reporter: it was another big earthquake, 7.3 magnitude and it sent people in kathmandu running for their lives. they were in a state of panic, people running out of their homes, looking for open spaces being carried out of hospitals. there was a concern the earthquake, an even bigger one over two weeks ago, it had

damaged buildings and those cracked buildings could come tumbling down, so people wanted to get out of buildings and into open spaces. this time however, the epicenter was nowhere near kathmandu. it was in the high mountains, in the himalayas, not far from a town called namche bazaar namche bazaar is one of many stone sherpa villages in the valley, and, jose it will be well known to people who have gone trekking in nepal, hiking or those who have attempted to climb mt. everest. we're in the region now, where this earthquake took place, a very high elevation, namche bazaar around 10,000 feet. there are no roads whatsoever in this area. it is not a heavily populated place. there are a series of these small sherpa villages where people mostly live from the trekking industry. they sell supplies to backpackers backpackers, they provide lodgings, and it is a stop on the way to everest base camp.

it is an almost impossible place to conduct a rescue operation. there's only one airport, it's not very close by. anything that any transportation needs to be done by helicopter there aren't that many helicopters in the area but because it is not nearly as populated as kathmandu, it is not anticipated that you're going to have a death toll in the thousands, in the many thousands, like that earthquake that struck not far from kathmandu just over two weeks ago. jose? >> richard engel thank you very much. joining me on the phone, emergency spokesperson for unicef. i understand you're doing damage assessment from the last quake when this one hit? >> hello? >> let me -- sorry -- i understand -- can you hear me this morning? >> i can hear you. >> thanks for being with me. i understand you were doing damage assessment from the last

quake when this one hit, is that correct? can you hear me? >> i can hear you. >> paint the picture of what happened this morning. >> can i help you? hello? >> i think we're having a few communications problems with kent. he's on the phone with us. we're going to try to re-establish communication, as you can imagine, this happened just a short while ago. we're having some communication problems with that but we'll try to re-establish those and have that report for you in a couple of minutes. i want to go to another developing story, this one surrounding the death of osama bin laden. the white house is hitting back hard on an explosive report by seymour hersh, alleging much of the obama administration's official account of what happened before, during and after the raid on bin laden's compound is simply not true. the white house, as i say, is pushing back hard. >> the obama white house is not

the only one to observe that the story is riddled with inaccuracies and outright falsehoods. the former deputy director of the cia, mike morel, has said that every sentence was wrong. >> nbc's chief foreign affairs correspondent andrea mitchell joins me this morning. good to see you. >> good to see you, jose. >> the primary assertion is pakistan and the u.s. worked together on this raid. what do your sources tell you? >> that is absolutely false and defies everything we know about the u.s. special operations the way the white house works and whether they would do anything like this even in alliance with the closest of allies to say nothing of pakistan whom they don't trust. that they believed the isi, the pakistan intelligence agency was riddled with leaks, that it was not trustworthy, that they were working hand in glove with some of the terror groups themselves, with the pakistan

taliban, and also with al qaeda groups. the hakani network and other terror groups. there's no way they would have shared this confidential information and planning over months and months for takedown of osama bin laden with a cooperation with the pakistanis when they did suspect, as is reporting, as we also independently reported from different sources that there were elements within pakistani intelligence that were aware of bin laden being in that abbottabad hideout. that was certainly the suspicion because they were right a mile away or so from their military complex there, their training school, their west point. our separate information there was a pakistani intelligence walk-in who became a cia asset about the year before the obama raid. the fact does not contradict the white house version of events. doesn't necessarily conflict

there was a courier to confirm that osama bin laden was there. so -- >> andrea let me ask you, was that part the fact that somebody just walked in out of the clear blue and two years before and kind of gave that information to the united states was that part of the original narrative that we were told by the government at the time? >> no and it never would be. first, it was a year before and these things are -- the reason why somebody would defect or you know trade secrets in intelligence, very personal as well. the money, whatever but the fact is that that would never have been disclosed, you know the courier narrative may well have been true all our sources say it was true but that does not contradict there could have been a human asset. you never discuss human assets before, during or after. this person may have been relocated, may have been paid off. we independently do not know

that, but what hersh is claiming is at the highest level, the head of military head of intelligence, that the pakistani government knew. we don't know how that knowledge went number one, independently, nbc. and secondly that they were in on the planning of this raid that there was no stealth operation with those blackhawks that we were sending s.e.a.l. team 6 in relying on the pakistanis to stop their air defenses untrue. according to every account, and accounts simultaneously contemporaneously, jim miklaszewski reported they did scramble their air defenses but scrambled them in the wrong area, they thought it was india, their traditional rival and enemy, adversary, that was attacking. so this just doesn't hold up. >> andrea on another note secretary of state kerry is speaking with russian president putin today for the first time in nearly two years. what does this mean? >> it's a big deal let's assume it takes place, because the last

time kerry sat cooling his heels for three hours. >> today they are meeting, for sure they are meeting today. >> there's a lot to talk about. kerry wants to talk about syria and trying to do something about assad, which has been a real failure of u.s. policy and global allied policy. they want to talk about iran and about the nuclear deal which is in russia's interest. russia has gone along with it so far and how far along they are on that there are parallel interests there, and, of course to talk about ukraine, because all of this you know this is the first meeting since ukraine. but the fact is that putin will not be in a very good mood. the west including the u.s. boycotted the 70th anniversary of world war ii, the commemorations in moscow this weekend and monday and now he's showing up in sochi laying a wreath, but it was only the chinese and a few other leaders

who came to their commemoration, so there's a lot of hard feelings and most recently putin has declared over ukraine, saying it isn't just the crimea that they've taken, that they really should be ruling ukraine, as well. so i cannot imagine that this is going to be a terribly productive meeting for john kerry. >> you've got to believe that's troubling when russia says ukraine in entirety -- always great to see you, thanks for being with me this morning. of course, much more at noon eastern on andrea mitchell reports. now a major summit on overcoming poverty in this country is under way right now at georgetown university. meantime, new york mayor bill de blasio is in d.c. where he and senator elizabeth warren is unveiling an economic agenda. joining me now are msnbc's mark murray and georgetown university

perry bacon. good to see you both. perry, let me start with you, the recent confrontations of police in minority communities are directly linked. what is the plan to fight this? >> i think you're going to hear the president talk about his ideas, the task for some policing created, the my brother's keeper program, his ideas around making community college universal, his ideas on expanding pre-kindergarten education. the challenge for the white house is what are the president's poverty ideas or what is de blasio and warren's poverty ideas that republicans will agree with and vote for and there's such a huge divide on how to fight poverty between the two parties and that's why the ideas aren't moving anywhere. >> we're seeing how the liberals are outlining their agenda. how do the republicans plan to use the economy as an issue in 2016? >> so far in the 2016 race we're in the stage where things are light on specifics. in contrast to that senator marco rubio, the florida

republican, recently came out with a tax proposal legislation with utah senator mike lee in which they proposed some targeted tax cuts to be able to help the poor and the middle class, but also some tax cuts that really end up helping the wealthy, including the elimination of the estate tax. so that's one proposal. we've heard jeb bush talk about the right to rise. he wants to be able to lift all americans, those on the low income, the middle income up. we don't have any specifics yet. but, of course we're probably going to be getting those in the months ahead and that's going to be a big part of the 2016 race. >> perry, you were talking about it just how different the proposals and concepts are between republicans and democrats on this issue. is there anything they can find common ground on do you think? >> i think the one thing they think both parties knew they will make a difference is the tpp. you'll hear president obama and republicans argue that expanding trade does lift all boats. of course, there's a lot of disagreement among liberal

democrats, as well but the core is that when you talk about increased social security benefits, increasing the minimum wage talk about broadening education and making it more universal, these are ideas republicans think are too big government and have too much clause. >> interesting, mark because on the trade deal and on the tpp, kind of sides seem to have switched in many cases. do you think the tpp most of the american people understand or kind of care about? >> you know i don't think it's resinated all that much. it's turned into a big washington game, but the stakes are big. we're hitting the first big trade vote today in the united states senate where there can be 60 votes to pass a clear procedural hurdle and, you know, but for a lot of americans, they kind of see that trade would end up happening in nafta in the 1990s kind of precipitated or caused a lot of the elimination of manufacturing jobs across the country. of course, there's a little

chicken and egg situation, whether technology created that with or without the nafta trade agreement. trade has always been politically problematic and we'll see what happens this afternoon on the senate vote. >> mark murray and perry bacon, thank you both for being with me. george zimmerman is recovering after police say he was injured in a shooting incident. it all happened yesterday in the city of lake mary. zimmerman was injured after a dispute with another man. two years he was acquitted of second-degree murder and manslaughter charges in the death of trayvon martin. >> at this time the investigation has proven that george zimmerman was not the shooter. he was transported to a local hospital for minor injuries and has since been released. >> let's go live to lake mary florida. ronan farrow is there. what are the details police are telling you about this morning? >> reporter: good to be here jose. we're here at the police department where they say that any hour now they could release

911 audio from that mysterious incident yesterday. i say mysterious partly because, jose, this man who we're hearing may have shot at george zimmerman by all accounts from what we've heard from police and onlookers actually was involved in a previous altercation back in september of this past year. both sides at this point not saying that there's some kind of an ongoing feud however, it does seem suspicious, a lot of questions still outstanding. both sides have lawyered up both sides are claiming self-defense now, and we're sorting through and waiting for the police to come to their determination of what charges, if any, get filed. >> thanks for being with me. coming up update on the deadly tornado that ripped through the town of van, texas, sunday night. several people still unaccounted for. take a look at these pictures looks like total devastation. and huge backlash against some big companies for tapping into drought-stricken california to fill your bottled water.

more on this coming up. first, the nfl throwing the book at tom brady and the new england patriots suspending the star quarterback and fining his organization. we're measuring your reaction using bing pulse. what do you think, is the punishment fair? head to pulse.msnbc.com. francis rivera is going to break this all down coming up shortly. i love making sunday dinners. but when my back hurt, cooking all day... forget about it. tylenol was ok, but it was 6 pills a day. but aleve is just 2 pills all day.

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a california shooting the texas cleanup, and a connecticut serial killer. let's zoom through some of today's top stories. police have identified two suspects involved in the shooting last night near the uc santa barbara campus. police say 19-year-old gutierrez and 22-year-old james joshua taylor went to the residents of

two male students while the suspects were inside an altercation led to gunshots. the two suspects are in custody. both victims are expected to survive their injuries. another weather alert in texas. nearly the entire state under a flash flood watch. this comes just one day after the governor declared a state of disaster in seven counties pummelled by tornados and flash flooding in the past week. the extreme weather claimed five lives in that state. that includes two people in the town of van, about an hour east of dallas and more than 40 were injured. officials say a powerful tornado destroyed or badly damaged more than 120 homes. police in connecticut have found the skeletal remains of at least seven people believed to be the victims of a serial killer. most of the victims, all women, disappeared in 2003. investigators found four new sets of remains last month behind a connecticut shopping center. police have not released the name of the prime suspect, only say he's behind bars on unrelated charges and there is

no public danger. finally, a scary situation for bolt bus riders in massachusetts on monday. a disabled bus burst into flames on the side of the massachusetts turnpike. look at that. this happened at the height of rush hour. the bus was heading to boston from new york city with 47 passengers onboard. when the driver noticed smoke and pulled over. police evacuated and minutes later the explosion blew out windows and panels sending debris flying. no one was hurt in the incident. and developing now on wall street stocks sharply lower in the first hour of trading. cnbc tells us part of the selloff is due to concerns about rising interest rates. look at that 151 points down the dow, nasdaq 52. one stock that is soaring this morning, aol. that's because verizon is buying it in a deal worth more than $4 billion. the move will give the telecom giant access to the online video space. shares of aol are up nearly 18%.

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back now to the developing story out of the nfl, quarterback tom brady is planning to appeal after the super bowl mvp was hit with a four-game suspension without pay by the nfl for his alleged role in deflategate. his agent is calling it quote, ridiculous. and the patriots owner says he has his unconditional point. joining me now, rob, good to see you. >> you, too, jose how are you doing? >> when you spoke last week you called for a suspension. how surprised are you it actually took place? >> clearly, not that surprised. i think as of yesterday morning people were really zeroing in on a range between two and four games. he got the stiffer side of that. i think it's pretty likely tom brady will appeal that suspension and probably have it reduced to two or three games before the season starts. i don't think he'll serve all

four of those necessarily. jose, i think the bigger surprise to me was actually the way the league went after the patriots organization, taking away a first round draft pick from them in the next draft, a fourth round the year after that, $1 million fine which isn't a lot of money in nfl land, but still one of the biggest fines we've ever seen in the nfl, so that was the part that probably surprised me a little bit more that they went after the organization as hard as they did. >> how does it affect an organization like the patriots with the first round and fourth round later down the line? >> the patriots always have one of the best records in the league jose so their draft pick in the first round is usually among the last ones so it's not as big as it would be if it were a top five draft pick but it certainly does hurt from a talent planning standpoint, you can get good players in the first round. tom brady himself was actually chosen in the sixth round of the nfl draft, so you can get good players in the first and fourth round, but i think, clearly, it's a big slap on the wrist. i wouldn't be surprised, jose

if the patriots also appeal the ruling against them. they can appeal separately from tom brady's appeal which would not shock me. >> talk to me about what the process looks like for brady himself? >> well he would bring a grievance under the collective bargaining agreement an an independent arbitrator would be selected jointly between the players union and the league they would have a hearing over each side making its points as to why the suspension should be lowered or eliminated. i'm sure that brady's case will come directly from that report which doesn't directly implicate him that shows him actually doing anything or directing this process of deflating the footballs. it was this very vague language of more likely than not that he was aware of what went on. i think the biggest thing going against brady in an appeal is the fact he did not really cooperate with the investigation, he refused to turn his cell phone over and

that leads to an air of suspicion around him, so i think that's probably what's going against him. maybe he gets it reduced by a game possibly two. i don't think much more than that. >> good to see you, thanks for being with me. my colleague francis rivera is here with me this morning. francis, good morning, what are people saying? >> really interesting to hear the perspective of our viewers. as we debut our bing pulse question on your show for the first time today, this is what we've been asking viewers to weigh in when it comes to this big story today, is the punishment against tom brady and the patriots fair. we launched the pulse over an hour ago. let's look how we're looking so far with your responses at home. this is the overall scoreboard is what we're calling it. this number is trickling up in the past couple of minutes, 68% of you say, yes, that punishment against tom brady and the patriots are fair. just 32% of you don't think that is fair. this is what's so interesting about the bing pulse is that we really are taking your pulse in

real time. these are the times eastern time and this is how those at home have been voting. overall yes, those thinking that punishment against tom brady and the patriots are fair and we can also break it down with demographics based on gender age, political party. let's take a look at that based on gender as well. again, this is seen in real time. you can also vote as many times as you want based on the conversation rob was having jose if they say something that changes your view you can vote again. this dipped with females right here. some have been voting no at this point, but overwhelmingly many people saying yes, that punishment is fair. we invite you to keep getting involved the head to pulse.msnbc.com, let us know what you think throughout the hour here especially if your views on this change. jose? >> francis, great to see you. thank you so much. i want to go back to

washington where the white house is hosting the first ever summit on asian americans and pacific islanders. leaders across the country are attending and one important topic of discussion is how the deferred action for childhood arrivals is being underutilized. daca enrollment rates are disproportionately low, according to a study by the department of homeland security despite being 108,000 daca beneficiaries from asia many have not applied. in fact, only 24% of eligible korean immigrants and 16% of eligible filipino immigrants have applied. joining me now, grad student at texas tech university also a beneficiary of the daca program. good to see you. >> thank you very having me. >> why do you think so few are applying? >> i'm really sad to know that they are so low. unfortunately, i think that it's because most asian americans are

afraid to come out, per se and that's a very saddening news because it is a great benefit, and i'm one of the beneficiaries myself, i'm from pakistan and i know how beneficial it is and unfortunately, i think the major reason is they are afraid. unlike the hispanic kids they are undocumented and unafraid i'm just like that too. you're right the numbers are really low and we have to work on that. >> let me tell you something, it's easy to talk about it but when you feel that fear wherever you are in this country for the reason you don't have the documents, that fear is very real but why is it you think it's so difficult for these kids who can't come out from the fear and register aren't doing it? what's holding them back? >> well like i said they are just afraid of what could happen to them. i think asian americans tend to be too cautious about many things and unfortunately a lot of their families parents,

grandparents et cetera they are afraid if they were to go into school and say, yes, they are undocumented, yes, they don't have a status here they are afraid to say that out loud. and also i think they are not organized, as well as the hispanic community is. >> you said being a daca student is the reason you're able to stay in the u.s. talk to me about how important it's been for you personally. >> well i've been able to fly really while being here in the united states and i feel like i'm an american and i live every day as if i was an american but i'm not american by papers. it's really unfortunate, so what daca has been able to do for me is i've been able to earn money legally, i've been able to drive legally, i've been able to get paid for the research i do. i've been able to fly in a plane and actually learning how to fly planes now. >> that's great. >> you know it's done so much for me. i've been able to travel abroad too, once to guatemala and once to ireland. so it's been phenomenal.

each time i do something because of daca i'm really really grateful for it and now through the white house initiative on asian americans and pacific islanders, i get to contribute to that also and help my fellow asian americans succeed. >> tell me about what your big dream is for the future. >> well my dream is to one day obtain freedom and openly be an american. i'm saying that right now, but i would like to one day hold american citizenship. >> it's a pleasure to see you. thank you for being with me today. >> thank you, thanks for having me. coming up major developments out of madison, wisconsin, a decision to charge a police officer for fatally shooting an unarmed teen is expected this afternoon. plus bottled water backlash. is your premium water coming from drought-stricken california? those stories and a whole lot more on "the rundown". when a moment spontaneously turns romantic why pause to take a pill?

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and developing now in madison, wisconsin hours away from a local prosecutor announcing a decision on whether to charge a police officer for fatally shooting an unarmed teen in march. police say matt kenny, who is white, shot tony robinson after they say the teen attacked the officer. kenny, i should say, was responding to calls robinson had assaulted two people and was running in traffic. the state department conducted the investigation because state law requires outside agencies to review officer-involved deaths. robinson's death sparked peaceful protests in the community. also expecting information in another case the sheriff's department will update the public on its investigation into the death of 12-year-old tamir rice. a police officer fatally shot rice in november. the 12-year-old had an air soft gun in his possession police say was difficult to distinguish from the real firearm. we're closely following developments from boston as

well, where tomorrow the jury will hear closing arguments in the penalty phase of the marathon bombing trial. after that they'll begin deciding whether dzhokhar tsarnaev should get the death penalty or life in prison without parole. and in colorado testimony resuming in the trial of james holmes accused of the 2012 movie theater shooting rampage in the denver suburb of centennial. 12 people killed 70 injured during a midnight showing of "the dark knight rises." prosecutors are seeking the death penalty for holmes. his lawyers are mounting an insanity defense. now to a major battle brewing on capitol hill over reauthorizing parts of the patriot act. kentucky senator rand paul threatening to filibuster reauthorizing that bill over its surveillance powers powers that were found to be illegal by a federal appeals court last week. with another republican senator, mike lee, leading an effort to end that surveillance program, something msnbc's chief legal correspondent ari melber asked him about in a new interview.

>> i think the timing is right. i think we could win this. we've got strong support. we've got the committees both the house intelligence committee and also the house judiciary committee have signed off on this. regardless of whether any of these have been found to be unlawful that doesn't necessarily mean that it's fully consistent with the text and the historical understanding of the constitution, but the letter and the spirit of the law. >> msnbc's chief legal correspondent and co-host of "the cycle" joins me. good morning. >> good morning. >> that was you interviewing. didn't see you there. >> that's me that's true. >> talk to me about how the fight over the patriot act is going to end. >> basically you have rand paul saying he wants to filibuster and mike lee has partnered with senator leahy to restrict the way the bulk data collection is working. edward snowden revealed the white house has come around to endorse this bipartisan bill so

it could end with the bill passing. they got 58 votes last time and it was blocked, or with rand paul and others filibustering, you could have a fight on the floor, even potential the patriot powers could expire if congress doesn't do anything by the end of the month. >> if it expires, they go back to zero? >> yeah they don't have that section of the law that allows you to get all of this material records, program data. >> talk to me about this court riling against it and how that affects or plays a part on capitol hill. >> this was big. last week at a federal court in new york basically say this program is illegal because congress never authorized it because it was this secret expansion of surveillance powers. now, look you could have congress come out and explicitly authorize it. the federal court didn't say it's unconstitutional meaning you could never collect this data. it just said hey, the nsa came along and started gathering data through providers like verizon on hundreds of millions of people and didn't get clearance

for it. that is a thing that's not usually allowed unless you get congress to authorize it. >> right. and senator lee is also very close with some of the 2016 hopefuls particularly senator ted cruz. you asked him about how that could potentially lead to a supreme court nomination. take a listen to that. >> jeffrey toobin who writes about law for the new yorker says that you would add occupational diversity if you were ever appointed, you are close with several republican presidential candidates. would you consider an appointment to the u.s. supreme court if asked? >> look if one of my friends running for president, got elected for president and asked me to consider that if the question is whether i would consider it, the answer is yes. >> how big of an issue do you think the supreme court is going to be in this upcoming fight? >> it's going to be a big issue and that's especially true because the tea party talks so much about the constitution, federal power, these are becoming big political statements. what's interesting from senator

lee, he has a good job in the senate, young at 43 in his first term but saying yes as someone who follows the court and cares about it he's open to a nomination. i would expect we'll hear about that more as republicans try to define who they like on the court. it's often a question of who's your favorite justice, but who might you put on the court and we remember harriet myers was nominated but didn't have the conservative support. if there's something you can't take away from mike lee, it's tea party support. he's seen as a true constitutional conservative from that part of the party. >> before i let you go legal question. take a look at this photo we have. legally speaking your head is almost like one and a half my size, yet i'm actually -- my head is bigger than yours. how do you legally explain this? >> you're asking a big question which is something they call eye of the beholder in the law. sometimes you have to you know figure out something based on where you sit and where you're looking. what's happened here in your

vanity, you positioned your head in a way it looks both better and smaller than my pale face. >> we've run out of time. look, i have an actual head coming out of my left ear, do you see that? look at the larger monitor, nose and a lip. >> i'm glad we got together jose. >> good to see you. i appreciate it. good to see you in person. don't ever miss ari at "the cycle," that is every day right here on msnbc at 3:00 p.m. >> we will play the entire mike lee interview today there. >> thank you very much. >> thank you. now to drought-stricken california, where there's a growing backlash over bottled water. some big companies who source their bottled water in california are making changes after getting a lot of criticism. cnbc's jane wells joins us from california to explain what's going on. good morning. >> reporter: hey, jose. you know even with everything going on california is still churning out millions of bottles a day.

nestle owns arrow head but all kinds of brands, crystal geyser starbucks was sourcing here. most of the bottled water, much of the bottled water comes from lake shasta but even though we don't exactly know how much water in california goes into bottles, the u.s. geological survey expects it's a drop in the bucket only 1% of water in the state goes for industrial purposes and only a small fraction of that is for bottled water, but every drop is under scrutiny right now and nestle has been targeted by protests around its plants like up in sacramento. :the truth is we don't know how much water they are taking. there are five nestle plants for example, in the state of california, and it's not just nestle we have over 150 companies that bottle water. >> reporter: now, nestle points out most of its water stays in california and the company tells

us "obviously there's great concern about the drought and we share that concern with all californians. we fully support the need for greater oversight." the truth is there's little oversight in the industry there hasn't been much need. a lot of these water companies have the water rights to the springs they come to. if some of the water they use would go somewhere else or it would just sit there. back to you. >> cnbc's jane wells, thank you very much. coming up meeting of the minds on overcoming poverty in america. president obama, next hour a summit at georgetown university. later today, chicago will be the home to his future presidential library. you're looking live at the windy city. the library is expected to be built on the south side of chicago. be right back. [ girl ] my mom, she makes underwater fans that are powered by the moon. ♪ ♪ she can print amazing things

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in washington. the white house pushing hard on a number of initiatives, including my brother's keeper. president obama will be a part of a panel and he's expected to talk about how recent riffs between police and minority communities have exposed the country still deeply divided by class and race. new york city mayor bill de blasio is addressing the summit right now, elizabeth warren spoke a couple minutes ago. joining me joy reid. thank you both for being with me. joy, let's start with you. expected the president to speak about the relations between police and the communities. how are these things linked? >> reporter: well jose good morning, first of all. the president has been talking increasingly about issues of income inequality, but the recent incidents we've seen from ferguson, right up to baltimore, have really informed what this president has been focusing on in terms of white house policy and in terms of rhetoric.

today we're expecting to hear not just from the president, but arthur brooks and a liberal harvard professor, as well sorts of how religion can intersect with culture and government to try to solve some of these problems that range from poverty to policing. i think it's clear the president believes they are connected. >> melissa, why has income inequality been growing so fast over the past couple of years? >> well you've seen wages stagnating and increasingly the gains from economic growth going to the very very top. and what's going on now is there's people who are striking for $15 an hour minimum wage you see poem protesting police brutality, but also the root causes in other cities across the country and as people see they are working hard and wages are stagnating and costs are going up it's time for a social movement to put this at the top of the political agenda. >> but why? you know the economy is slowly recovering. we know that yet it seems many in our communities and the minority communities don't see

that yet. >> right. well, there's globalization, there's technology, there's all kinds of factors that have pushed the economy to concentrate wealth at the top, but it's also policy choices. we've repeatedly slashed taxes for those at the top and failed to take basic steps to raise labor standards like the minimum wage or enact paid sick days or overtime rules, so yes, of course there's changes in the global economy but also policy choices on our part. >> joy, how is the administration planning on expanding economic policies to tackle this problem? >> reporter: well, of course jose -- >> sorry, joy. go joy. >> reporter: no worries, no worries. i think one of the challenges, of course, jose as you know whatever policies the white house might want to put in place, whether improving infrastructure, in places like baltimore where people struggle to get to work anything that the white house wants to do would have to eventually go through congress. and right now, the president is facing a congress that isn't exactly cooperative in terms of

putting through his agenda. i think what the president has been looking more toward in his sixth year is what can the white house do without having to enact a bill and i think that's why you're seeing the president talk a lot more about things like my brother's keeper things arrive from public-private partnerships out of the justice department grant funds and things where you don't have to pass a law or bill because as you know, the politics aren't going to allow for that. >> joy reid always a pleasure. melissa, thank you both for being with me. >> thanks for having me. >> msnbc will cover the president's event in the next hour. but up next this picasso painting set a world record for artwork sold at auction last night in new york. $179 million. that's enough to inspire our five things sold. ♪ building aircraft,

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million. that's not why i'm here. i'm here to do five things sold. number one, happy birthday mr. president. the famous dress worn by marilyn monroe went for $1.2 million in 1999. the original cost $12 thourk. number two, take a look at these locks, that's elvis presley's hair given to the head of an elvis fan club and sold for $15,000. i'm thinking of doing the same thing if i had any hair. number three from the king's hair to king philip's diamond, 35.56 karat diamond racks up over $23 million in 2008. number four we've heard of churchill cigars but how about one of his actual cigars sold for $7,000 in 2010. number five this was our view from our office at 30 rock last fall. it went for $30 million at auction. by the way, i'm heading over to the telemundo up front.

i'm told that one of the big surprises is telemundo announces a new variety show for saturday night. you know what that means, cue the dancers. that wraps up "the rundown" on msnbc. thank you for the privilege of your time. president speaks in about 30 minutes. we'll have that live. tamron hall is up next. keep your lifestyle in retirement? i don't want to think about the alternative. i don't even know how to answer that. i mean, no one knows how long their money is going to last. i try not to worry but you worry. what happens when your paychecks stop? because everyone has retirement questions. ameriprise created the exclusive confident retirement approach. to get the real answers you need. start building your confident retirement today. the volkswagen golf was just named motor trend's 2015 car of the year. so was the 100% electric e-golf. and the 45 highway mpg tdi clean diesel. and last but not least the high performance gti.

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can other brands say all that? for nutrition you can trust and your pet will enjoy... does your food go beyond? learn more at purinabeyond.com. good morning, everyone i'm tamron hall, this is "news nation." we begin with breaking news. rescuers are trying to reach the mountainous rejoin of nepal where an earthquake struck. it's after 9:00 p.m. there, the quake had a magnitude of 7.3, triggering new collapses and landslides. it struck just weeks after a 7.8 quake killed more than 8,000 people. officials say so far 37 people are confirmed dead with this new

quake and more than 1,000 others are injured. it was centered about 50 miles northeast of the capital kathmandu, not far from mt. everest. this is the dramatic scene as the quake struck and the cameras shook while a lawmaker was addressing nepal's parliament. members of parliament then went running for cover. more now from nbc news chief foreign correspondent richard engel, who just returned from turkey from nepal. >> it was another big earthquake, 7.3 magnitude and the people in nepal just recovering from an earthquake two years ago went into a state of panic. there was a fear the initial earthquake had weakened buildings, cracked foundations, and this second earthquake today could have brought those buildings down so people were running out of their homes, they were being carried out of hospitals, looking for open spaces. but luckily t